Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-04-03
THE NEW LAW


Mates OF America ga congress ascent
Died, That the first section OF an act en-
titled San act to determine the juris.
diciion of circuit courts of the United
States, and 10 regulate the removal OF
causes from State courts, aud for other
purposes, approved March 8, 1876, be,
and the same is hereby, amended so as
10 read MS follows: That the circuit
courts of the United States shall have
original cognizance, concurrent with
Tie courts OF the several States, of all
suits Of civil nature, at common law
or in equity, where the matter IN
dispute exceeds, exclusive OF in
tsrtst and costs, the sum or value
Of $4,000, and arising under the
Constitution or laws Of the United
States, or treaties made, or which shall
be made. under their authority, or in
which controversary the United Stater
are plaintiffs or petitioners, OF in which
there shall be a controWsary between
citizens of different States, in which
the matter in dispute exceeds, exclu-
siye OF interest and costs. the sum
or velue aforesaid. or a controversary
between citizenso the same State claim
ing landunder grantsof different States,
or controversary between citizens of
State and foreign States, citizens or
subjects, in which the matter in dispute
exceeds, exclusive of interest and costs,
the sum or value aforesaid, and shall
have exclusive cognizance Of all crimes
and offences cognizable under the
authority of the United States, except
rs otherwise provided by law, and con-
current jurisdiction with the district
courts of the crimes and offences cog
nizable by them. But no person shall
be arrested in one district for trial in
another in any civil action before cir
cult or district court and no civil suit
shall be brought before either of said
courts against any person by any origi-
nal process OF proceeding in any other
district than that whereof he is an in
habitant but where the jurisdiction is
founded only on the fact that the action
is between citizens of different States,
suit shall be brought only in the dis
trict of the residence of either the
plaintiff or the defendant; nor shall
any circuit or district court have cogni-
zance of any suit except upon foreign
bills of exchange, to recover the con-
tents of any promissory note or other
chose in action in favor of any assignee,
or of any subsequent holder, ii such
instrument be payable to bearer and be
not made by any corporation, unless
such suit might have been prosecuted
in such court 70 recover the said con-
tents IL TO assignment or transfer has
been made and the circuit courts shall
ESQ have appellate jurisdiction rom
the district conrts. under the reglla-
fiops and restrictions prescribed by
law"
"Section 2. That any suit OF a civil
nature, at law or in equity, arising un-
der the Constitution or laws OF the
United States, or treaties made, or
which shall be made, under their au-
thority, of which the circuit courts of
The United States are given original
jurisdiction by the preceding section,
which may now be pending, or which
may hereafter be brought, in any State
court, may be removed by the defend
ant or defendants therein to the Cir
cult Court of the United States for the
proper district any other suit of a civil
nature, at law or in equity, of which
the circuit courts OF the United States
are given jurisdiction by the preceding
section, and which are now pend=
ing, or which NAV Hereafter be
n .io ;:"ht in hny State court, may be
removed into the Circuit Court of the
United States for the proper district
by the defendant or defendants therein
being non-residents of that State and
when in any suit mentioned in this sec
tion there shall be a controversy which
is wholly between citizens of different
States, and which can be fully deter
mined as between them, then either
one or more of the defendants actually
interested in such controversy may re-
move said suit into the Circuit Court Of
the United States for the proper die.
trict. And where suit is no.. nend;no
or may be hereafter h'couobt in any
cta'e court, III WIZ a there is a contro-
versy oe,"ee citizen of the State
ID Nm'a the suit is now pend
1..g, or may be hereafter brought, and
citizen of another State, any defend
ant, being such citizen of another
State, may remove such suit into the
Circuit Court of the United States for
the proper district at any time before
the trial thereof, when it shall be made
to appear to said Circuit Court that
from prejudice or local influence be
will not be able TO obtain justice in such
State court, or in any other State court
to which the said defendant may, under
the laws Of the State, have the right,
on account of such prejudice or local
influence, to remove said cause pro-
yided. that il il further appear that said
suit can be fully and justly determined
RS to the other defendants in the State
court without being affected by such
prejudice or local influence, and that
no party to the suit will be preju-
diced by a separation of the par
ties. said Circuit Court may direct the
suit to be remanded, so far as relates to
such other defendants, TO the State
court, to be proceeded with therein.
I" At any time before the trial OF any
suit which is now pending IN any CIR,
cult court or may hereafter be entered
therein, and which has been removed
TO said court from State court on the
affidavit Of any party plaintiff that he
had reason to believe and did believe
that, from prejudice or local influence,
be was unable to obtain justice in
said State court, the Circuit Court
shall on application of the other
party examine into the truth OF said
affidavit and the grounds thereof,
and, unless il shall appear to the sat
isfaction OF said court that said party
will not be able to obtain justice in such
State court, it shall cause the same 10
be remanded thereto. Whenever any
cause shall be removed from any State
court into any circnit court of the
United States, and the Circuit Court
shall decide that the cause was impro
perly removed, and order the same t
be remanded to the State court from
whence IL came, such remand shall b.
Immediately carried into execution, ans
no appeal OF writ of error from the de
cision OF the Circuit Court so renderin:
such cause shall be allowed"
That section of said act be, and TN
same is hereby, amended so as to rea'
as follows
Section 3. That Whenever any part,
entitled to remove any suit mentioned